DETAILED ACTION
STATUS OF APPLICATION/CLAIMS
Claim 1 is rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
In addition, Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type claim.
I am attaching at the end of this action a copy of slides/information regarding claim formatting. Note this information was taken from the USPTO patent home page (Homepage | PTOWeb) and https://www.uspto.gov/sites/default/files/documents/Claim%20drafting.pdf.
Citation of pertinent art
In addition, here are a few potential prior art references that would read on the same subject matter of your proposed invention…
King-Smith et al (US PGPub 2016/0334381) discloses a device for measuring the concentrations of volatile organic compounds (VOCs) in air (wherein VOCs make up the majority of the scents and smells human and animals can sense, and VOCs are known to be able to indicate cancer) (see [0005]). The device includes a sample chamber for accepting a sample of air; at least one ionization source for ionizing VOCs in the sample; an ionic liquid trap containing an ionic liquid that captures the ionized VOCs; a circuit for generating a electric current through the device to run the ionization and capture of the ionized VOCs; and a chemical sensor for detecting and measuring concentrations of the VOCs in the sample of air (see abstract). For example, King-Smith et al also discloses that the chemical sensor may be a raman spectrometer (see [0052]) and in one application of this knowledge, researchers have trained dogs to smell for cancer. See, e.g., McCulloch et al., Integrative Cancer Therapies 5(1):30-39 (2006). The range of diseases that have been detected by smell are lung cancer, Parkinson's, prostate cancer, breast cancer, colon cancer, small intestine bacterial overgrowth, and asthma (see [0003]).
Zuckerman et al (US PGPub 2008/0268548) discloses a method to enhance by orders of magnitude accurate, real-time, stand-off detection by a sensor using Raman spectra of one or more trace compounds of interest (particularly explosives, bioterror organisms, or Volatile Organic Compounds). A sample is air-pumped through a sampling module, exposed to air potentially carrying trace molecules from the compound of interest, then sent to a detection module that subjects the sample to Raman spectroscopy (see abstract). In addition, Zuckerman et al teaches that the sensitivity of living detectors (such as cancer-sniffing canines) is known (see [0007]). Zuckerman et al also teaches that Volatile Organic Compounds (`VOCs`) can be captured in aerosol or liquid samples. VOCs, principally alkanes, benzene derivatives and such `aromatic compounds`, have been identified in breath from patients with lung and breast cancers. Other VOCs such as formaldehyde, methylalkanes, pheomelanin, eumelanin and eumelanin precursor metabolites, can be detected in the headspace of urine samples for bladder, prostate, and melanoma cancer patients, and these VOCs are what the cancer-sniffing canines are picking up on (see [0036]). Furthermore, Zuckerman et al teaches that It is not enough to detect "a" smell; specificity is the ability to define what the presence of a particular, specific smell means--to recognize that the presence of one or more trace molecules (such as VOCs) signal the presence of one or more particular compounds of concern (which indicate cancer) (see [0012]).
Behera et al (“Electronic nose: a non-invasive technology for breath analysis of diabetes and lung cancer patients”) also discloses the use of cancer-sniffing canines and raman spectrometry (see section 5.1).
Li et al (“Advances in the Early Detection of Lung Cancer using Analysis of Volatile Organic Compounds: From Imaging to Sensors”) also discloses the use of cancer-sniffing canines (detecting VOCs) and raman spectrometry to detect these VOCs (see pages 4377-4379).
Included below are the slides/information on claim formatting:
PNG
media_image1.png
765
1357
media_image1.png
Greyscale
PNG
media_image2.png
836
1391
media_image2.png
Greyscale
PNG
media_image3.png
556
953
media_image3.png
Greyscale
Note: the above slides are from https://www.uspto.gov/sites/default/files/documents/Claim%20drafting.pdf
Further note, An independent claim is a standalone claim that contains all the limitations necessary to define an invention and the claim defines the invention and what aspects are legally enforceable.
Further note, A claim in a utility application or patent has three (3) parts: 1. Preamble: • Provides context for the claimed invention • Language of a preamble may or may not limit the claimed invention 2. Transitional phrase: • Establishes whether the claim is “open,” “closed” or “partially open” • In other words, the degree to which a claim is limited to only those elements recited in the claim body 3. Claim body: • Recites the limitations (structure and/or acts in clear, full, concise terms) necessary to define the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER WECKER whose telephone number is (571)270-1109. The examiner can normally be reached 9:30AM - 6 PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at 571-272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER WECKER/ Primary Examiner, Art Unit 1797